United States Federal Circuit

In an action for infringement of patents related to an entertainment system for use in purchasing and storing songs, videos, and multimedia karaoke information, district court's dismissal of the complaint in concluding that during the prosecution of the patent, the named inventor and his attorney committed inequitable conduct by withholding from the United States Patent and Trademark Office (PTO) three material references and information about PTO rejections in two related prosecutions, is reversed and remanded where: 1) the record contains no evidence of a deliberate decision to withhold those references from the PTO as required under Therasense, Inc. v. Becton, Dickinson & Co.; and 2) the defendants admit that the record is complete.

Appellate Information

• Decided 09/13/2012
• Published 09/13/2012

Judges

• Linn

Court

• United States Federal Circuit

Counsel